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LATEST SC JUDGEMENT ON CHQ BOUNCE CASE

Page no : 2

devendra bhateja   20 August 2018

one of my friend was in need of money for his business for 2 months.i took him to my othr friend and he agreed to provide him assisstace of rs 30 lakhs for 2 months.he gave money in 4 istallments within 6 days for which he issued a cash received duly signed by him and witneesses with rs 1 revenue stamp affixed on itand issued cheque from his firm account for rs 30 lakhs for repament of friemdly laon which is mentioned in undertaking/cash receipt.there is no for interest as it was agrred verbally for profit sharing amd minimum gaurantee of rs 4.5 lakhs profit and there were 2 witnesses for the transaction and they also attested the document as witness(i am one of witness)

my friend who lent money works in a 5 start hotel and earn 20 lakhs per year as salary hes an income tax payee.cheque got bounced on its due date for insufficiency of  funds in his account and then we approached him for payment of loan on which he  asked for some more time and issued another post dated cheque for rs 30 lakhs and this time the cheque was from his personal account(as authorised signatory is the same person)

unfortunately that cheque was also bounced due to account closed and then we issued a legal notice through lawyer demanding our money back.and he replied enying his liability

we fild both cases in court against him under section 138 and civil suit for recovery

now his defenced in leave to defend are

1.missuse of blank signed documents and blank signed cheques

2.money lenders act 1938

3.income tax act 269ss

4.complainant is unknown 

5.documents is not admissible in court as per section 17 of registration act(though signature on document/cash receipt is admitted by accused and it is cross signed by accused with rs 1 revenue stamp affixed on it)

pls send me some luseful citations for my case

thanks in advance


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